Retail & E-Commerce

  • February 19, 2025

    PVC Pipe Giant Atkore Discloses DOJ Grand Jury Probe

    Atkore Inc.'s antitrust woes have grown from civil price-fixing litigation targeting the company's PVC pipe manufacturing, according to a new investor filing disclosing a U.S. Department of Justice criminal investigation.

  • February 19, 2025

    Full Fed. Circ. Stands By Reviving Crocs False Ad Case

    The full Federal Circuit on Tuesday declined to revisit a panel decision reviving false advertising claims against Crocs Inc. over its statement that its shoes were made with "patented, proprietary, and exclusive" materials that were not, in fact, patented.

  • February 19, 2025

    Amazon Drivers Deny Discovery Lapses In Yearslong Pay Suit

    Ten former Amazon Flex delivery drivers are pushing back against the e-commerce giant's bid to disqualify them as plaintiffs in an eight-year-old collective wage action, contending they have "gone above and beyond" in their efforts to comply with the company's document demands.

  • February 19, 2025

    Parents Fight Riddell's Bid To Move Defective Helmet Lawsuit

    Parents of a high school football player who suffered severe brain injuries due to an allegedly faulty helmet are urging a Texas federal judge to reject sports equipment maker Riddell Inc.'s bid seeking to transfer the litigation to a different court, saying the current location is "far more convenient" for most witnesses.

  • February 19, 2025

    Hemp Cos. Drop Suit Challenging Va. THC Regulations

    A hemp product maker and retailer on Wednesday dropped their suit in federal court challenging a Virginia law restricting the sale of hemp-derived intoxicants a month after the Fourth Circuit affirmed that the law was not preempted by the 2018 Farm Bill that legalized the sale of industrial hemp.

  • February 19, 2025

    Franchise Group Gets Tentative Deal On Ch. 11 Voting Process

    Retail chain operator Franchise Group Inc. and a group of lenders told a Delaware bankruptcy judge on Wednesday they were close to agreeing on a disclosure statement for Franchise Group's Chapter 11 plan that will let the debtor take votes on the proposed debt-for-equity and liquidation deal.

  • February 19, 2025

    No Coverage For Seller In NY Ghost Gun Suits, Insurer Says

    The insurer for a company suspected of selling components used to make illegal "ghost guns" told a New York federal court that it owed no coverage for three underlying government suits alleging that the company contributed to the sale of weapons that are harder for law enforcement to trace.

  • February 19, 2025

    Pa. Justices Say Sales Tax Isn't Commerce Under State Law

    Collecting sales tax is not part of a commercial transaction even if it occurs at the same time as that transaction, according to a Wednesday ruling from the Pennsylvania Supreme Court in a suit accusing American Eagle and other retailers of charging wrongful taxes on face masks.

  • February 19, 2025

    Calif. Bill Aims To Ban Sale Of Anti-Aging Products To Minors

    A San Francisco Bay Area legislator has introduced a new bill that bans the sale of anti-aging products "that contain potent and harsh ingredients" to people under the age of 18 in the Golden State.

  • February 19, 2025

    Calif. Smoking Gear Co. Says Rival Ripped Off Cones Design

    A California-based smoking accessory maker is suing a Washington competitor in federal court, alleging that the other company's "Crush Cones" infringe a patent for prerolled smoking cones.

  • February 19, 2025

    Wrangler Jeans Owner Paying $900M For Helly Hansen

    Kontoor Brands Inc., the owner of the Wrangler and Lee apparel brands, said Wednesday it will buy the Norwegian outdoor clothing brand Helly Hansen from Canadian Tire Corp. for $900 million.

  • February 19, 2025

    Amazon, Supermarket Latest Targets Of Lie Detector Litigation

    Amazon and New England supermarket chain Market Basket are the latest two companies to face accusations of flouting a nearly 40-year-old Massachusetts law that requires notice to jobseekers that the use of lie detectors in employment decisions is illegal in the Bay State.

  • February 18, 2025

    CFPB Should Beat Suit Over Small Biz Loan Rule, Judge Says

    A Florida federal magistrate judge has recommended rejecting a trade group's challenge to the Consumer Financial Protection Bureau's small business lending data rule, finding that merchant cash advances are lawfully included within the scope of the rule, as the agency faces uncertainty under the Trump administration.

  • February 18, 2025

    Amazon Says Stalking Happened Before It Linked With Tile

    Amazon has asked a California federal court to throw out a proposed class action alleging that Bluetooth tracking devices sold via a partnership with Tile Inc. are dangerous because they empower stalkers, saying Amazon "played no role whatsoever" in the alleged conduct, which happened before Tile started working with it.

  • February 18, 2025

    Pandemic No Excuse To Alter $150M Notes, Alter Domus Says

    An auto parts magnate and his manufacturing company should not get away with using the COVID-19 pandemic as an excuse for changing promissory notes worth $150 million in ways that deflated their value, lending agent Alter Domus LLC asserted in Michigan federal court Tuesday.

  • February 18, 2025

    Bath & Body Works Sues Over 'Abysmal' Fulfillment Service

    Bath & Body Works filed suit Tuesday against a commercial fulfillment vendor that allegedly provided "abysmal service" for years at its Atlanta-area fulfillment center before rejecting Bath & Body Works' attempts to terminate its service contract, refusing to cooperate on a transition and rushing to forum shop in a related lawsuit.

  • February 18, 2025

    Discover Can't Get Judge To Rethink Decision In Risk Case

    A New York federal judge will not rethink her decision denying Discover a quick win in a lawsuit over whether it and several other credit card companies conspired to dump fraud risk onto retailers, ruling that the suing retailers can continue their claims.

  • February 18, 2025

    Jury Awards Nearly $4M In Lawnmower Patent Trial

    A jury in Delaware federal court has found that power equipment company Techtronic Industries Co. Ltd. willfully infringed five lawnmower patents by China-based rival Chervon (HK) Ltd. and failed to prove that any of them were invalid, awarding just under $4 million as a reasonable royalty but declining to issue damages for lost profits or price erosion.

  • February 18, 2025

    Studies Don't Show Zantac Cancer Risks, Jury Hears

    Taking Zantac does not cause prostate cancer, a Children's Hospital Colorado toxicologist testified Tuesday in two men's Illinois retrial of claims that taking the heartburn medication contributed to their diagnoses.

  • February 18, 2025

    IPhone Buyers Can't Get Apple DOJ Docs Before Discovery

    Apple doesn't have to turn over the millions of documents it gave the U.S. Department of Justice as part of a private monopolization suit brought by iPhone and Apple Watch buyers, at least not until discovery, a judge overseeing the recently created multidistrict litigation has said.

  • February 18, 2025

    Pepsi, Frito-Lay Accused Of Favoring Chains With Chip Prices

    PepsiCo and Frito-Lay are illegally favoring Walmart, Target and other chain grocery stores by charging them much lower prices for snack chips than independently owned businesses, a pair of California convenience stores alleged in a proposed class action filed in Golden State federal court.

  • February 18, 2025

    Car Dealer Can't Depose Government In 'Deceptive' Price Suit

    A Nissan dealer cannot depose the Federal Trade Commission or the state of Connecticut in a dual enforcement action alleging that it charged consumers "deceptive" price add-ons, a federal magistrate judge has ruled, agreeing that the government had already provided all relevant discovery or was planning to do so.

  • February 18, 2025

    Human Rights Atty Sees 'Serious Risks' Of Neural Data Abuse

    International human rights attorney Jared Genser spoke with Law360 Healthcare Authority about the "serious risks of misuse and abuse of neurotechnologies" that have led California and Colorado to expand their state consumer privacy laws in the last year to include neural data, with similar bills pending in Montana, Massachusetts and Illinois.

  • February 18, 2025

    Developer Sues To Force Fla. Village Into Dispute Resolution

    A developer whose plans to build workforce housing in Bal Harbour, Florida, have been thwarted by the upscale village has sued the village, claiming it failed to participate in a dispute resolution proceeding required under a state law allowing property owners to challenge government actions.

  • February 18, 2025

    Stanley Black & Decker Says Tumbler Maker Violated TM Deal

    Stanley Black & Decker sued the maker of the popular "Stanley" tumbler, claiming in its federal complaint filed Tuesday that Pacific Market International LLC ignored obligations under a trademark agreement to use the brand name in a restricted manner and may have earned billions of sales through infringing activities.

Expert Analysis

  • California Supreme Court's Year In Review

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    Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.

  • Series

    Flying Makes Me A Better Lawyer

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    Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.

  • 9th Circ.'s High Bar May Limit Keyword Confusion TM Claims

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    A recent Ninth Circuit ruling that a law firm did not infringe upon a competitor’s trademarks by paying Google to promote its website when users searched for the rival’s name signals that plaintiffs likely can no longer win infringement suits by claiming competitive keyword advertising confuses internet-savvy consumers, say attorneys at Mitchell Silberberg.

  • Key Points From New Maritime Oil Price Cap Advisory

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    The Price Cap Coalition's updated advisory regarding the maritime oil industry's compliance with the Russian oil price cap highlights the role of governmental authorities, additional areas warranting due diligence and the need for training programs, say attorneys at Miller & Chevalier.

  • NLRB One-Two Punch Curbs Employer Anti-Organizing Tools

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    The National Labor Relations Board’s recent decisions in Siren Retail and Amazon, limiting employer speech about the impact of unionization and outlawing captive audience meetings, severely curtail employers' arsenal of tools to combat an organizing campaign — though this may soon change under a new administration, say attorneys at Benesch.

  • Best Practices For Influencer Trademark Protection

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    Though the Trademark Trial and Appeal Board recently decided that an influencer couldn't qualify for a retail services trademark registration for posting affiliate links to a third-party website, there are other trademark protections that influencers can pursue for their branding and marketing services, say attorneys at Nixon Peabody.

  • Takeaways From Final Regulations For China Investment Ban

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    ​The U.S. Department of the Treasury’s final rule banning U.S. investment in emerging Chinese technology clarifies some key requirements, includes additional exceptions for covered transactions and attempts to address concerns that the rule will put U.S. businesses at a competitive disadvantage, say attorneys at Simpson Thacher.

  • Series

    Circus Arts Make Me A Better Lawyer

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    Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.

  • Recent Listeria Outbreaks Hold Key Compliance Lessons

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    Listeria outbreaks in ready-to-eat foods from Boar's Head and other companies, and the U.S. Department of Agriculture and U.S. Food and Drug Administration responses to these outbreaks, should be closely evaluated from an overall compliance and risk management perspective by food manufacturers, retailers and industry investors, say attorneys at Kirkland.

  • 3 Ways To Train Junior Lawyers In 30 Minutes Or Less

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    Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.

  • What Cos. Can Learn from Water Microplastics Class Actions

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    Class actions against companies whose bottled spring water allegedly contains microplastics, challenging claims such as "natural" and "100% spring water," seem to be drying up — but these cases serve as a good reminder to other businesses to review regulatory standards, and carefully vet plaintiff allegations at the outset, say attorneys at Keller and Heckman.

  • The Bar Needs More Clarity On The Discovery Objection Rule

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    Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.

  • Series

    Being A Navy Reservist Makes Me A Better Lawyer

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    Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.

  • So You Want To Move Your Law Practice To Canada, Eh?

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    Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.

  • A Look At 2024 NIL Rights And Economies In College Sports

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    Permutations in the arena of name, image and likeness affecting collegiate athletics have continued unabated this year, and practitioners and industry representatives should anticipate significant activity at schools and continuing legal changes at the state level, say attorneys at Pillsbury.

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